Opinion
June 5, 1997
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's acts were sufficient to constitute asportation, however temporary, of the victim's chain ( see, People v. Smith, 176 A.D.2d 185, lv denied 79 N.Y.2d 864; People v. Reddick, 159 A.D.2d 267, lv denied 76 N.Y.2d 794), and, since there was no reasonable view of the evidence to the contrary, the court properly declined to submit attempted robbery in the second and third degrees as lesser included offenses of the completed robbery charges.
As the People concede, since defendant was convicted of second-degree robbery, his conviction of the lesser included offense of third-degree robbery should be vacated ( People v. Smith, 176 A.D.2d 185, supra).
Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.